NOTICE ACCORDING TO BUILDING CONTROL ACT

Abstract

                The Building Control Act is a criminal law classified as mala prohibita. The nature, procedures, details (intention of prohibition), and authority of officials may be changed in accordance with environmental factors, possibility in each period or suitability to perform the duties of officials. There is a notice indicates that buildings must be constructed according to the intention of this Building Control Act. If the construction is inconsistent with the intention of the Building Control Act, the building may need to be demolished, even though it is solid and firm. In addition to prohibition and provisions pursuant to the Building Control Act, there are prohibition and provisions on various construction areas such as Navigation in the Thai Waters Act B.E. 2456, Air Navigation Act B.E. 2497, Military Safety Zone Act B.E. 2478, Highway Act B.E. 2535, Highway Act (No. 2) B.E. 2549, Town Planning Act B.E. 2518. Moreover, there are other acts such as the Public Entertainment Place Act B.E. 2509 which provides that the entertainment places must not be located near temples, religious places, schools or educational institutions, hospitals, medical centers with overnight accommodations, youth clubs or dormitories pursuant to the Dormitory Act. They must not cause a nuisance or be in residential areas to avoid disturbance to adjoining residents etc.  The construction, alteration or demolition and removal of buildings must conform to the Building Control Act B.E. 2522 and other relevant Acts as mentioned above. It can be seen that the Building Control Act is stipulated in various specific Acts and Ministerial Regulations, not a single Act. In our opinions, the Building Control Act should be enacted in the form of a Code so that laws, regulations and procedures are classified in the same category for efficient implementation and enforcement.